NCJ Number
13820
Journal
Journal of Criminal Law and Criminology Volume: 65 Issue: 1 Dated: (MARCH 1974) Pages: 103-112
Date Published
1974
Length
10 pages
Annotation
EMPIRICAL STUDY OF CONFESSIONS, FOCUSING ON WHO CONFESSES AND WHY, AND THE EFFECTS OF CONFESSIONS UPON THE CRIMINAL JUSTICE PROCESS.
Abstract
THE STUDY GATHERED DATA ON ALL 248 FELONY DEFENDANTS IN A MEDIUM-SIZED CITY IN CENTRAL ILLINOIS, IN 1968. THE DATA INDICATED THAT FIVE FACTORS WERE IMPORTANT IN SHAPING THE OFFENDER'S RESPONSE - THE NATURE OF THE CRIME, PRIOR CRIMINAL RECORD, AGE, TYPE OF COUNSEL, AND BAIL. SUSPECTS ACCUSED OF CRIMES AGAINST PROPERTY, THOSE WITH NO PRIOR RECORD AND THE YOUNG CONFESSED AT A HIGHER RATE THAN THEIR COUNTERPARTS. THE FINDINGS FAILED TO CONFIRM ANY SIGNIFICANT VARIATION BASED ON TYPE OF COUNSEL OR WHETHER OR NOT THE ACCUSED WAS RELEASED ON BAIL. THE CONFESSION IS AN IMPORTANT FACTOR SHAPING THE HANDLING AND DISPOSITION OF A CASE. STAGES OF THE PROCESS AFFECTED INCLUDE PROCEDURAL RIGHTS, PLEA BARGAINING, AND SENTENCING. THE STUDY CONCLUDED THAT ACCUSED INDIVIDUALS WHO CONFESSED WERE MORE LIKELY TO WAIVE PRELIMINARY HEARINGS AND THE GRAND JURY, AND, AS A RESULT, USUALLY RECEIVED MORE SPEEDY TRIALS. IN ADDITION, DEFENDANTS WHO CONFESSED WERE MUCH LESS LIKELY TO GO TO TRIAL, AND, WHEN THEY PLED GUILTY, WERE LESS LIKELY TO RECEIVE FAVORABLE CONCESSIONS FROM THE STATE. IN REGARD TO SENTENCING, THE DATA SHOWED LITTLE OR NO VARIATION THAT COULD BE RELATED TO CONFESSIONS. SUMMARIZING, THE AUTHOR NOTES THAT, BASED ON HIS DATA, THE PRESENCE OR ABSENCE OF A CONFESSION DOES NOT RESULT IN SIGNIFICANTLY DIFFERENT TREATMENT BY THE PRAIRIE CITY COURTS. DATA AND STATISTICAL CALCULATIONS ARE OFFERED IN TABULAR FORM.